Confectionery Arts International, LLC

20 Cited authorities

Princeton Vanguard, LLC v. Frito-Lay North America, Inc.
786 F.3d 960 (Fed. Cir. 2015) Cited 30 times 5 Legal Analyses
Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"
In re Cordua Rests., Inc.
823 F.3d 594 (Fed. Cir. 2016) Cited 25 times 7 Legal Analyses
Holding that certain words referring to key aspects of a genus of services were generic for those services
Cold War Museum v. Cold War Air Museum
586 F.3d 1352 (Fed. Cir. 2009) Cited 27 times
Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing
In re Dial-A-Mattress Operating Corp.
240 F.3d 1341 (Fed. Cir. 2001) Cited 38 times 3 Legal Analyses
Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”
In re Merrill Lynch, Pierce, Fenner, Smith
828 F.2d 1567 (Fed. Cir. 1987) Cited 57 times 4 Legal Analyses
Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services
In re Hotels.com
573 F.3d 1300 (Fed. Cir. 2009) Cited 22 times 4 Legal Analyses
Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey
Real Foods Pty Ltd. v. Frito-Lay N. Am., Inc.
906 F.3d 965 (Fed. Cir. 2018) Cited 12 times 1 Legal Analyses
2017-1959, 2017-2009 09-21-2018 REAL FOODS PTY LTD., Appellant v. FRITO-LAY NORTH AMERICA, INC., Cross-Appellant Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued for appellant. Also represented by Stephanie Spangler ; Kelly Watkins, Allentown, PA. William G. Barber, Pirkey Barber LLP, Austin, TX, argued for cross-appellant. Also represented by Tyson David Smith, David Armendariz. Wallach, Circuit Judge. Jeanne M. Hamburg, Norris, McLaughlin & Marcus, PA, New York, NY, argued
In re La. Fish Fry Prods., Ltd.
797 F.3d 1332 (Fed. Cir. 2015) Cited 13 times 1 Legal Analyses
Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark
Yamaha Intern. Corp. v. Hoshino Gakki Co.
840 F.2d 1572 (Fed. Cir. 1988) Cited 46 times 2 Legal Analyses
Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature
H. Marvin Ginn Corp. v. International Ass'n of Fire Chiefs, Inc.
782 F.2d 987 (Fed. Cir. 1986) Cited 44 times 8 Legal Analyses
Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic
Section 1052 - Trademarks registrable on principal register; concurrent registration
15 U.S.C. § 1052 Cited 1,585 times 272 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"

Confectionery Arts International, LLC

20 Cited authorities

Explaining that although the "Board is not required to discuss every piece of evidence," it cannot "disregard [evidence] without explanation" or "short-cut its consideration of the factual record before it"

Holding that certain words referring to key aspects of a genus of services were generic for those services

Holding that registration per 15 U.S.C. § 1057(b) creates a rebuttable presumption of validity, rebuttal of which requires a preponderance of the evidence showing

Holding that 1–888–M–A–T–T–R–E–S–S “immediately conveys the impressions that a service relating to mattresses is available by calling the telephone number”

Holding applicant's incontestable registration of a service mark for "cash management account" did not automatically entitle applicant to registration of that mark for broader financial services

Finding that the TTAB did not err in determining that the term was generic, citing in part concerns arising from the methodology of the applicant's consumer survey

Discounting advertising expenditures concerning FISH FRY PRODUCTS where the evidence relied on included ads promoting another mark

Finding secondary meaning for shape of guitar head always appearing in advertising and promotional literature

Reversing decision of TTAB that "Fire Chief," as applied to monthly magazine circulated to fire departments, was generic

Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"